Court Report -- April 1, 2013

Gavel About Court Report:  Each week we will report briefly on recently filed biotech and pharma cases.

Millennium Pharmaceuticals Inc. v. Fresenius Kabi USA LLC et al.
1:13-cv-00467; filed March 22, 2013 in the District Court of Delaware

• Plaintiff:  Millennium Pharmaceuticals Inc.
• Defendants:  Fresenius Kabi USA LLC; Fresenius Kabi USA Inc.; Fresenius Kabi Pharmaceuticals Holding Inc.

Infringement of U.S. Patent Nos. 6,713,446 ("Formulation of Boronic Acid Compounds," issued March 30, 2004) and 6,958,319 (same title, issued October 25, 2005), licensed exclusively to Millennium, following a Paragraph IV certification as part of Fresenius' filing of an NDA (under § 505(b)(2) of the Food, Drug and Cosmetic Act) to manufacture a generic version of Millenium's Velcade® (bortezomib, used to treat multiple myeloma).  View the complaint here.

Trustee's of the University of Pennsylvania v. St. Jude Children's Research Hospital
2:13-cv-01502; filed March 22, 2013 in the Eastern District of Pennsylvania

Declaratory judgment of non-infringement and invalidity of U.S. Patent No. 8,399,645 ("Chimeric Receptors with 4-1BB Stimulatory Signaling Domain," issued March 19, 2013) based on University of Pennsylvania's development of a CD19 ScFv DNA lentiviral construct for use in the treatment of cancer.  View the complaint here.

Pfizer Inc. et al. v. Lupin Ltd. et al.
2:13-cv-01778; filed March 21, 2013 in the District Court of New Jersey

• Plaintiffs:  Pfizer Inc.; Pharmacia & Upjohn Co. LLC; Pfizer Health AB
• Defendants:  Lupin Ltd.; Lupin Pharmaceuticals, Inc.

Infringement of U.S. Patent Nos. 6,630,162 ("Pharmaceutical Formulation and Its Use," issued October 7, 2003) and 6,770,295 ("Therapeutic Formulation for Administering Tolterodine with Controlled Release," issued August 3, 2004) following a Paragraph IV certification as part of Lupin's filing of an ANDA to manufacture a generic version of Pfizer's Detrol LA® (extended release tolterodine tartrate, used to treat overactive bladder).  View the complaint here.


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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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